Search for: "Mark Tushnet"
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29 Jan 2021, 3:24 pm
As a result, one should expect continued violations of constitutional norms by American politicians to accomplish partisan goals—what Mark Tushnet has called “constitutional hardball”—at least until the electoral impact of demographic changes in the electorate exceeds the electoral impact of the rural favoritism that is built into the nation’s constitutional electoral processes. [read post]
28 Aug 2018, 7:30 am
Participants in other panels at the conference include Mark Tushnet (Harvard), Jamal Greene (Columbia), Adam Liptak (New York Times), Pamela Karlan (Stanford), and VC bloggers Jonathan Adler, Eugene Volokh, and Sasha Volokh, among others. [read post]
19 Jun 2019, 6:00 am
One motivation for the project is a suggestion some years ago by Mark Tushnet that “judicial review basically amounts to noise around zero. [read post]
4 Feb 2020, 9:30 pm
”—Mark Tushnet“This is a sensitive analysis of the moral imagination behind the Indian Constitution, a document intended to free the democratic process from sectarian identities and to strengthen centralized state power. [read post]
17 Jan 2020, 9:30 pm
” The announced speakers are Vincent Brown, Annette Gordon-Reed, Jane Kamensky, Jill Lepore, David Moss, and Mark Tushnet. [read post]
7 Jul 2014, 10:14 am
Excellent ideas all around, and it's great that prominent opinion columnists like Dionne are beginning to make use of and popularize what liberal academics have been working at for the last couple of decades.In his short op-ed Dionne cites to B'zation blogger Joey Fishkin's piece with Willie Forbath, The Anti-Oligarchy Constitution, as well as linking to David Strauss's book, The Living Constitution and Michael Dorf's review of David's book and my Living… [read post]
20 Jan 2017, 9:30 pm
Update: A fun fact from Mark Tushnet: "For more than 125 years, the Senate has not confirmed a Supreme Court nominee chosen by a president who lost the popular vote. [read post]
3 Dec 2021, 9:30 pm
Katz Prize for Excellence in Public Humanities a January 2022 kickoff event featuring a conversation with former ASLH president Stan Katz.The Heyburn Initiative strengthens the University of Kentucky Libraries’ mission to archive and digitize “collections from federal judges, justices, and other leaders related to the judiciary with connections to Kentucky" (UKnow).ICYMI: Mark Tushnet's pet peeves about legal scholarship include originalism. [read post]
30 Jan 2022, 10:30 am
That an era of crisis can affect the substance of legal thought has long been evident in works like Edward Corwin’s World War II era classic Total War and the Constitution, and Mark Tushnet’s post-9/11 edited volume The Constitution in Wartime. [read post]
17 May 2019, 9:30 pm
My erstwhile and present Georgetown Law colleagues Mark Tushnet, Harvard Law School, and Louis Michael Seidman, Georgetown University Law Center, have posted On Being Old Codgers: A Conversation about a Half Century in Legal Education, a “conversation, conducted over three evenings,” capturing “some of our thoughts about the last half century of legal education as both of us near retirement. [read post]
13 May 2016, 9:30 pm
Supreme Court, with Jeffrey Rosen, Clyde Spillenger, Melvin Urofsky, Mark Tushnet and Tomiko Brown-Nagin. [read post]
23 Aug 2022, 8:08 am
"Mark Tushnet, William Nelson Cromwell Professor of Law Emeritus, Harvard Law School"A magnificent and indeed definitive biography of a vitally important but highly imperfect justice. [read post]
2 Nov 2012, 6:46 am
As an opposite-party president in a conservative Republican regime, his position is quite different from Romney's, who, whether he likes it or not, is affiliated with Reaganism and faces pressures to hew to party orthodoxy.Over the last several years here at Balkinization, Gerard Magliocca, Mark Tushnet and I have debated how best to characterize Obama's presidency. [read post]
5 Jun 2018, 8:30 am
Mark Tushnet appears to agree. [read post]
9 Sep 2010, 6:34 am
If so, that would be support for what Mark Tushnet has called the "chastening" of constitutional law.In the second part of the book, Breyer moves to the present and addresses the structure in which constitutional and statutory interpretation should take place. [read post]
12 Sep 2018, 4:56 pm
On the other side, find Rebecca Tushnet, What’s the Harm of Trademark Infringement? [read post]
14 Sep 2019, 6:00 am
Such a threat may work, assuming it is otherwise credible, even if politicians know that the Court cannot invalidate everything, so long as the Court has a broad domain of choice about what to invalidate; adapting Mark Tushnet’s phrase, political actors must then reckon with a kind of “judicial overhang. [read post]
22 Jul 2019, 8:27 am
An earlier post on this blog by Mark Tushnet explained that Justice Gorsuch’s dissent in Gundy v. [read post]
2 Feb 2011, 2:16 pm
See this draft posted on SSRN.... [read post]
17 Feb 2014, 7:26 am
Trademark dilution is another doctrine that allows trademark owners to control emotional meaning: dilution prevents commercial actors from interfering with the singular meaning of a mark even if no one is ever mistaken about any fact at all. [read post]
